HomeMy WebLinkAboutOrdinance 081-18RECORD OF ORDINANCES
Dayton Legal Blank, Inc.
Ordinance No. 81-18
Form No. 30043
Passed .20 -
AN
20
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
EXECUTE AND ACCEPT NECESSARY CONVEYANCE
DOCUMENTS AND CONTRACTS TO ACQUIRE A 0.013 -ACRE
TEMPORARY CONSTRUCTION EASEMENT FROM EDWARDS
AVERY ROAD, LLC, LOCATED AT 5300 AVERY ROAD, FOR THE
PUBLIC PURPOSE OF CONSTRUCTING A NEW ROADWAY
WHICH SHALL BE OPEN TO THE PUBLIC WITHOUT CHARGE
WHEREAS, the City of Dublin (the "City's is preparing to construct the Tuttle Crossing
Boulevard Extension and Avery Road Improvements project (the "Project'; and
WHEREAS, the Project requires that the City obtain a temporary construction
easement from the parcel identified as Franklin County parcel number 010-220108,
owned by Edwards Avery Road, LLC (the "Grantor', as described in the attached
Exhibit A and depicted in the attached Exhibit B; and
WHEREAS, the City, through its acquisition agent for the Project, and the Grantor
participated in good faith discussions and have come to mutually agreeable terms for
the acquisition of the necessary property interest for the sum of $340.00, which is the
appraised value of the property interest; and
WHEREAS, the City desires to execute and accept necessary documents to complete
the transaction between the City and the Grantor.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin,
Delaware, Franklin, and Union Counties, State of Ohio, of the elected
members concurring, that:
Section 1. The City Manager is hereby authorized to execute and accept all
necessary documents to acquire a 0. 013 -acre temporary construction easement, from
Edwards Avery Road, LLC, for the appraised value of $340.00, said property interest
located within the parcel identified as Franklin County parcel number 010-220108, and
more fully described and depicted in the attached Exhibits A and B.
Section 2. Council further hereby authorizes and directs the City Manager, the
Director of Law, the Director of Finance, the Clerk of Council, or other appropriate
officers of the City to take any other actions as may be appropriate to implement this
Ordinance without further legislation being required.
Sectio This Ordinance II take effect in accordance with 4.04(b) of the Dublin
Revise harte r.
Pas this �'� y o JV6 UeIYIbtlll., 2018.
Ma or — Presid' g OfficeV
ATTEST:
Q ,
Clerk of Council
Ordinance 81-18
Office of the City Manager
Dublin
5200 Emerald parkway s Dublin, OH 43017-1090
Cit of Dublin Phone: 614,410,4400 o Fax: 614.410,4490
Memo
To: Members of Dublin City Council
nAl
From: Dana L. McDaniel, City Mana
Date: October 30, 2018
Initiated By; Paul A, Hammersmith, Director of Engineering
Jean -Ellen Willis, PE, Engineering Manager - Transportation
Philip K. Hartmann, Assistant Law Director
Re: Ordinance Nos. 81.18 through 85.18
Acquisition of Right -of -Way and Easements
Tuttle Crossing Boulevard Extension and Avery Road Improvements
(13-013-CIP)
BACKGROUND
The Tuttle Crossing Boulevard Extension and Avery Road Improvements project (the "Project'
provides for the extension of Tuttle Crossing Boulevard from its current terminus at Wilcox Road to
Avery Road, and includes improvements along Avery Road, Wilcox Road, Rings Road, Cara Road,
and Cara Court, as shown in the attached Figure 1, Project Overview Map, The Project includes the
construction of a four -lane boulevard with curb and gutter, shared -use path, sidewalk, street
lights, a multi -use tunnel, and landscaping,
In the 2019-2023 Capital Improvements Program (CIP), site acquisition is programmed in 2018-
20191 utility relocation is programmed in 2019, and construction and landscaping are programmed
in 2020, Currently, the Project is planned to be funded through service payments from the
Rings/Frantz Tax Increment Financing (TIF) District and the Thomas/Kohler TIF, an advance from
the General Fund, City of Columbus contribution of $2,800,000, private developer contributions of
$635,786 and a $7,000,000 grant through the Mid -Ohio Regional Planning Commission (MORPC)
attributable funding. However, a gap in funding still exists and the timing of construction is
subject to change,
The Project requires the acquisition of property interests from multiple property owners on Tuttle
Crossing Boulevard, Avery Road, Wilcox Road, Rings Road, Cara Road, and Cara Court,
ACQUISITION
The City, through its acquisition agent, has come to mutually agreeable terms with multiple
property owners in connection with the Project, The property acquisitions from these owners
consists of the following property interests from the named property owners, as depicted in the
map attached hereto,
Property Owner I Property interests Auditor Acquisition Price
Parcel ID
—.. _ Number
Edwards Avery Road, LLC 0,013 acre Temporary 010-220108 $340
(Parcel 13 - I Construction Easement
5300 Avery Rd)
Ord, 81-18 through 85-18 - Acquisition of Right -of -Way and Easements for Tuttle Crossing Blvd
Extension and Avery Rd Improvements
October 30, 2018
Page 2 of 3
Edmund LM and Donna K. Krohn
(Parcel 36 _
0,007 acre Temporary ��
27000094-
� $300
Construction uct on Basement
5508 bra �t�....._M�.;.,:�..
Larry S, Kincaid
....__..._ �.......�.�_._.�...�...
10.036 acre Standard
274.000089
�_ .....:_.�..�;..
$8,431 I:
(Parcel 37 -
Highway Easement
5509 Cara Ct)
j 0,009 acre Temporary
Matthew B, Brown
Construction Easement
0,126 acre RjW including
27400006._.
$9x475
(Parcel -
0,069 acre P,R,O
6228 Rings Rd)
0.023 acre Temporary
i
W
J, Larry Fleck j
Construction Easement
0,011 RJW including
acre
n/a j
$300
(Panel 62 -
0,011 acre P,R,O, j
Avery Rd)
P O, stands for Present Road Occupied, which means that this portion
roadway easement of the acquisition is already encumbered with
a
The details regarding each property acquisition is as follows;
Edwards Avery Road LLC: The property is located on the east side of Avery Road, south of
Tuttle Crossing Boulevard, at 5300 Avery Road, Dublin, Ohio 43016, The City participated in good
faith discussions with Edwards Avery Road LLC, resulting in mutually agreeable terms for the
acquisition of the property interest for the appraised value, which was $340,
Edmund L. and Donna K. Krohn; The property is located on the east side of Cara Court, north
of Cara Road, at 5508 Cara Ct, Dublin, Ohio 43016, The City participated in good faith discussions
with Edmund L, and Donna K, Krohn, resulting in mutually agreeable terms for the acquisition of
the property interest for the appraised value, which was $300.
Larry S, Kincaid: The property is located on the west side of Cara Court, north of Cara Road, at
5509 Cara Ct, Dublin, Ohio 43016, The City participated in good faith discussions with Larry S,
Kincaid, resulting in mutually agreeable terms for the acquisition of the property interest for the
appraised value, which was $8,431,
Matthew B, Brown: The property is located on the north side of Rings Road, west of Avery
Road, at 6228 Rings Rd, Dublin, Ohio 43016, The City participated in good faith discussions with
Matthew B, Brown, resulting in mutually agreeable terms for the acquisition of the property
interest for the appraised value, which was $9,475,
J. Larry Fleck; The property is located in the roadway at the Avery Road and Cara Road
intersection, The parcel is a result of a missed survey split from an earlier acquisition. The entire
area is within an easement classified as Present Road Occupied (P.R,O,), This acquisition will
convert the easement into permanent right-of-way. The City participated in good faith discussions
with J, Larry Fleck, resulting in mutually agreeable terms for the acquisition of the property interest
for the appraised value, which was $300,
These Ordinances authorize the City Manager to execute and accept on behalf of the City all
necessary conveyance documents to formally acquire the necessary property interests from each
property owner,
Ord, 81-18 through 85-18 - Acquisition of Right -of -Way and Easements for Tuttle Crossing Blvd
Extension and Avery Rd Improvements
October 30, 2018
Page 3 of 3
RECOMMENDATION
Staff recommends adoption of Ordinances Nos, 81.18, 82-18, 83-18, 84.18 and 85-18 at the
second reading/public hearing on November 19, 2018, as these ordinances authorize the City
Manager to execute all necessary conveyance and contract documents to formally accept the
necessary property interests described above,
_
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EXHIBIT A Page 1 oft
LPA RX 887 T Rev. 07/09
Ver. Date 10/242017
PARCEL 13-T
PID 99815
TUTTLE CROSSING BOULEVARD AND AVERY ROAD IMPROVEMENTS
TEMPORARY EASEMENT FOR THE PURPOSE OF
PERFORMING THE WORK NECESSARY TO
CONSTRUCT A DRIVE AND COMPLETE GRADING
FOR 24 MONTHS FROM DATE OF ENTRY BY THE
CITY OF DUBLIN, OHIO, LOCATED IN FRANKLIN COUNTY, OHIO
[Surveyor's description of the premises follows]
Situated in the State of Ohio, County of Franklin, City of Dublin, and being located in Virginia
Military Survey Number 3004, and being part of that original 30.000 acre tract described in a
deed to Edwards Avery Road, LLC, of record in Instrument Number 201701060003068, all
records referenced herein me on file at the Office of the Recorder for Franklin County, Ohio,
being a parcel on the right side of the proposed centerline of construction for Avery Road, as
delineated on the centerline plat for Tuttle Crossing Boulevand and Avery Road Improvements,
of record in Plat Book , Page , said parcel being more particularly bounded and
described as follows:
BEGINNING at an iron pin set on the existing east right-of-way line for Avery Road, said iron
pin being the northeast corner of that 2.507 acre tract described in a deed to City of Columbus,
Ohio, or record in Instrument Number 201706160081637, being the southeast comer of that
0.674 acre tract described in a deed to City of Columbus, Ohio, of record in Instrument Number
201703100033684, being the southwest comer of that 2.717 acre tract described in a deed to
Gage Crossing II, LLC, of record in Instrument Number 201702220024905, said iron pin being
on the north line of said original 30.000 acre tract, and said iron pin being 60.04 feet right of
Avery Road proposed centerline of construction Station 107+51.41;
Thence North 84 degrees 39 minutes 28 seconds East, along the north line of said original
30.000 acre tract and along the south line of said 2.717 acre tract, a distance of 12.59 feet to a
point, said point being 71.58 feet right of Avery Road proposed centerline of construction Station
107+56.01;
Thence across said original 30.000 acre tract along the following four (4) described courses:
1. South 21 degrees 00 minutes 40 seconds West, a distance of 38.01 feet to a point, said
point being 70.51 feet right of Avery Road proposed centerline of construction Station
107+20.45;
EXHIBIT A Page 2 of
LPA RX 887 T Rev. 07/09
2. South 09 degrees 50 minutes 53 seconds West, a distance of 45.11 feet to a point, said
point being 77.61 feet right of Avery Road proposed centerline of construction Station
106+72.98;
3. North 85 degrees 09 minutes 03 seconds West, a distance of 6.06 feet to a point on the
existing east right-of-way line for Avery Road, being on the east line of said 2.507 acre
tract, and said point being 71.70 feet right of Avery Road proposed centerline of
construction Station 106+71.53;
4. North 10 degrees 44 minutes 47 seconds East, along the existing east right-of-way line
for Avery Road, and along the east line of said 2.507 acre tract, a distance of 79.63 feet to
the POINT OF BEGINNING for this description.
The above described temporary easement contains a total area of 0.013 acres located within
Franklin County Auditor's parcel number 010-220108.
The bearings described herein are based on Grid North as referenced to the Ohio State Plane
Coordinate System (South Zone) and the North American Datum of 1983 (2011 Adjustment), as
established utilizing a GPS survey and an NGS OPUS solution.
Iron pins set are 30" by 5/8" diameter rebar with caps stamped "ASI PS -8438".
The above described temporary easement was prepared under the direct supervision of Brian P.
Bingham, Registered Professional Surveyor No. 8438 on October 24, 2017, is based on an actual
survey performed by American Stmcturepoint, Inc., and is true and correct to the best of my
knowledge and belief.
American Structurepo�int`Incc..
eA/� -
Brim P. Iringh%n,PS
Registered Professional Surveyor No. 8438
11E OF ••.•�qP,. • . 0,�0
_ BRIAN P.
BINGHAM -
9O•• 8438 �'•
�� d,9FQISTEP��'J`�O:
�'•SZONA LSUP`�•
"A629 t
Date
:■
City of Dublin, Ohio I MEN
G
0 10' 20'
SCALE: 1"=20'
Situated in the State of Ohio
County of Franklin, City of Dublin
Virginia Military Survey No. 3004 y
•LP.S. p Iron pin set w/
Structurepoint–PS 8438" cap
3
PID: 010-297198
Gage Crossing It LLC
x PID: 010-218951 I.N. 201702220024905
L City of Columbus, Ohio 2.717 Awes
I I.N. 201703100033684 N84"39'28"E
0.674 Acres
_o' 12.59' PLS
City of Columbus, Ohio I
I.N. 201706160081637 JW
2.507 Acres n
I
a
0
i
Basle of bearing:
Bearings shown hereon are based on grid north as referenced to
the Ohio State Plane Coordinate System (South Zone) and the
North American Datum of 1983 (2011 Adjustment), as
established utilizing a GPS survey and NGS OPUS solution.
I hereby certify that:
This drawing represents the results of an actual field survey
of the premises performed by American Structurepoint. Inc., and
is true an" correct to he be t of my knowledgend belief.
BBfiian P. Bingh , P.S. No. 8438 Date
American Structurepoint, Inc.
Pa
f0
41
yv PID: 010-220108
Edwards Avery Road LLC
I.N. 201701060003068
30.000 Acres (original)
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5: ,O
BRIAN P.
HA
BINGM
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9 : 8438 •O .
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Parcel
om.,°ex ger
I7RIICTUREPOIRf
Tuttle Crossing
Exhibit "B"
13-T
ch:v°° er scs
..
Boulevard Ext.
0.013 Ac.
Sheet
and Avery Road
Temporary•;
;;°�°°°
Improvements
Easement
o°'°' '0fL°ft0"
1of1
Situated in the State of Ohio
County of Franklin, City of Dublin
Virginia Military Survey No. 3004 y
•LP.S. p Iron pin set w/
Structurepoint–PS 8438" cap
3
PID: 010-297198
Gage Crossing It LLC
x PID: 010-218951 I.N. 201702220024905
L City of Columbus, Ohio 2.717 Awes
I I.N. 201703100033684 N84"39'28"E
0.674 Acres
_o' 12.59' PLS
City of Columbus, Ohio I
I.N. 201706160081637 JW
2.507 Acres n
I
a
0
i
Basle of bearing:
Bearings shown hereon are based on grid north as referenced to
the Ohio State Plane Coordinate System (South Zone) and the
North American Datum of 1983 (2011 Adjustment), as
established utilizing a GPS survey and NGS OPUS solution.
I hereby certify that:
This drawing represents the results of an actual field survey
of the premises performed by American Structurepoint. Inc., and
is true an" correct to he be t of my knowledgend belief.
BBfiian P. Bingh , P.S. No. 8438 Date
American Structurepoint, Inc.
Pa
f0
41
yv PID: 010-220108
Edwards Avery Road LLC
I.N. 201701060003068
30.000 Acres (original)
a
,`,,"...O C....,"",
5: ,O
BRIAN P.
HA
BINGM
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9 : 8438 •O .
�tg` FG/STEPS.• J
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LEGEND
City of Dublin Corp Limit
Proposed Right -of -Way
City of Dublin
OHIO, USA
.
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Permanent Easement
PRO Conversion
Temporary Easement
Channel Easement
03 -013 -CI P
WIN
-
■
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NJ IN r
J Z -
IIff
Sewer Easement
Tuttle Crossing Boulevard Extension and Avery Road Widening, Phase 1
ME
N